Government contractors face unique challenges while they perform federal contracts during the coronavirus (COVID-19) pandemic. Contractors should prepare for the factual scenarios they may encounter and consider the Federal...more
As a result of the COVID-19 pandemic, President Trump invoked his wartime authority under the Defense Production Act (the Act) to fulfill orders deemed necessary for national defense.
The Act allows the federal government...more
The Civilian Board of Contract Appeals recently released its fiscal year (FY) 2019 report. There are some interesting statistics for contractors to consider. Of note, litigants continue to benefit from the Board’s penchant...more
The Armed Services Board of Contract Appeals (ASBCA) reduced its docket for the fifth consecutive year, signaling potentially faster appeals for contractors. The ASBCA also continued to resolve matters through alternate...more
Latent errors in a data set provided by the Government led the ASBCA to hold the Government responsible for contractor-incurred costs.
To obtain relief pursuant to the mutual mistake of fact theory, contractors must...more
The Section 809 Panel has issued a series of recommendations to the DoD. This second installment of Pillsbury’s Section 809 Alerts focuses on recommendations to better align DoD’s acquisition process with the private...more
The CBCA released its FY 2018 Annual Report. Despite a statistically typical year, the report also highlighted noteworthy changes to the Board’s jurisdiction and rules.
FY 2018 ended with 409 new appeals docketed at the...more
As the ASBCA chips away at its docket, contractors seeking Board resolution are benefitting from the highest sustain rate in 10 years.
The ASBCA is reducing its backlog of appeals. FY 2018 ended with 901 pending appeals,...more
Comments from the Department of Defense—and recent good faith and fair dealing decisions—point to improved contractor/government relationships.
Government officials are actively encouraging collaboration with, and less...more
Changes to past performance evaluation system may create further conflict between the Government and contractors, and lead to greater numbers of claims and appeals.
DoD will be required to develop policies regarding...more
A short-term continuing resolution (CR) has re-opened our government after nearly three days of shutdown. But contractors suffered cost impacts over the past few days and may face more significant issues on February 8 if a...more
For Department of Defense (DoD) acquisitions, the Conference Report for Fiscal Year 2018 NDAA includes provisions that simplify and others that complicate contractor responsibilities.
Proposed supply chain diligence...more
11/21/2017
/ Acquisitions ,
Cybersecurity ,
Department of Defense (DOD) ,
Due Diligence ,
E-Commerce ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
National Security ,
NDAA ,
Section 103 ,
Subcontractors ,
Supply Chain ,
Vendors
The ASBCA’s FY2017 Annual Report reveals interesting facts and trends for contractors deciding whether to litigate at the Board or the Court.
The ASBCA’s 2017 annual report offers some revealing statistics concerning the...more
Sixth Circuit awards attorneys’ fees to False Claims Act defendant against the U.S. government in case involving underpayment of Davis-Bacon Act wages. ...more
9/21/2017
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Chilling Effect ,
Damages ,
Davis-Bacon Act ,
Equal Access to Justice Act ,
False Claims Act (FCA) ,
Federal Contractors ,
Treble Damages ,
Underpayment
In May, President Trump tweeted: the “country needs a good shutdown in September.” That prospect is now upon us. For Government contractors, the fallout from a threatened shutdown—let alone an actual one—ranges from...more
In a shock to investors and political analysts around the world, Donald J. Trump won the 2016 Presidential election, putting the Republican Party in charge of the White House and Congress for the first time in a decade. Even...more